FMLA CFRA Retaliation - Brightwood Law Group, PC

Retaliation for taking FMLA or CFRA Leave in California: Protecting Your Rights

Introduction: Your Right to Family and Medical Leave Without Fear of Reprisal

The Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) are crucial laws that allow eligible employees to take job-protected leave for significant personal or family medical reasons, or to bond with a new child. These laws also strictly prohibit employers from retaliating against employees for requesting, taking, or having been approved for such leave. If your employer has punished you or taken adverse action against you because you exercised your FMLA or CFRA rights, you may have been subjected to unlawful retaliation.

At Brightwood Law Group, PC, we are staunch advocates for employees whose FMLA and CFRA rights have been violated. We understand the importance of these protections and are committed to holding employers accountable for illegal retaliation. This page explains your rights and what to do if you believe you’ve been targeted for taking protected family or medical leave.

Understanding Your FMLA and CFRA Rights (A Brief Overview)

Before discussing retaliation, it’s important to have a basic understanding of FMLA and CFRA:

FMLA (Family and Medical Leave Act): A federal law entitling eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for qualifying reasons such as:

- The birth and care of a newborn child.
- Placement of a child for adoption or foster care.
- Caring for an immediate family member (spouse, child, or parent) with a serious health condition.
- The employee’s own serious health condition that makes them unable to perform their job.
- Certain qualifying exigencies arising out of a family member’s military service. (FMLA also provides for up to 26 weeks of leave to care for a covered servicemember with a serious injury or illness).

CFRA (California Family Rights Act): California’s state leave law, which largely mirrors the federal FMLA but offers distinct protections (e.g., broader definition of family members in some contexts, specific interaction with Pregnancy Disability Leave). Like FMLA, the CFRA also provides up to 12 weeks of job-protected leave.

Key Protections Under FMLA and CFRA:

Job Protection: Generally, you must be reinstated to your same or an equivalent position upon return from leave.
Continuation of Health Insurance: Your employer must maintain your group health insurance coverage during your leave under the same terms and conditions as if you had continued to work.
Prohibition Against Interference and Retaliation: Employers cannot interfere with your right to take FMLA/CFRA leave, nor can they discriminate or retaliate against you for exercising these rights.

(For more detailed information on these leave laws, please visit our pages on the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) – if you plan these distinct pages).

What Constitutes Retaliation for FMLA/CFRA Leave?

Retaliation for FMLA/CFRA leave occurs when an employer takes an “adverse employment action” against an employee because they requested, were approved for, or took protected leave. An adverse employment action is any action that would dissuade a reasonable employee from exercising their FMLA or CFRA rights. Examples include:

Termination or Firing: Being fired during, or shortly after returning from, FMLA/CFRA leave.
Demotion or Denial of Promotion: Being moved to a lower-level position or being passed over for a promotion you were qualified for after taking leave.
Reduced Pay, Hours, or Benefits: Having your compensation or work hours cut upon your return.
Unwarranted Negative Performance Reviews or Discipline: Suddenly receiving poor performance evaluations or disciplinary actions without valid justification after your leave.
Harassment or Hostile Work Environment: Being subjected to negative comments, intimidation, or other harassing behavior related to your leave.
Undesirable Job Transfer or Reassignment: Being moved to a less favorable position, shift, or location.
Failure to Properly Reinstate: Not being restored to your original job or a truly equivalent position (in terms of pay, benefits, duties, and other terms and conditions of employment) after your leave ends.
Discouraging or Interfering with Leave Rights: While technically “interference,” actions that discourage an employee from taking leave (e.g., making threats, misinforming about rights, creating unnecessary obstacles in the application process) can also be evidence in a retaliation claim if an adverse action follows.
Pretextual Reasons for Adverse Actions: Employers often try to disguise retaliation by citing false or exaggerated reasons for the negative action (e.g., claiming “poor performance” or “company restructuring” when the true motive is the employee’s leave).

Examples of FMLA/CFRA Retaliation:

An employee takes approved FMLA leave for a serious surgery. Upon their return, they are informed their position was “eliminated,” but a new person is hired shortly thereafter to perform substantially similar duties.
An employee who uses intermittent CFRA leave to care for a child with a chronic illness begins to receive overly critical performance reviews and is excluded from important projects, despite previous positive feedback.
A manager makes comments like, “Your leave is putting a strain on the team,” and shortly after the employee returns, they are denied a previously discussed raise.
An employee returns from CFRA bonding leave and is assigned to a different department with significantly fewer responsibilities and less opportunity for advancement, even though their original position still exists or a comparable one is available.

What to Do If You Suspect Retaliation for Taking FMLA/CFRA Leave:

If you believe your employer has retaliated against you for exercising your FMLA or CFRA rights:

Document Everything: Keep meticulous records of your leave request, medical certifications, employer approvals, any communications with your employer about your leave, and details of the adverse action(s) taken against you (dates, what happened, who was involved, any witnesses).
Preserve Performance Records: Keep copies of your performance evaluations, particularly those from before your leave request, to demonstrate your work history.
Review Your Employer’s FMLA/CFRA Policies: Understand the procedures outlined in your employee handbook.
Consult Brightwood Law Group, PC Immediately: FMLA and CFRA retaliation claims can be complex and have specific deadlines for taking legal action. An attorney can help assess your situation, explain your rights, and guide you on the best steps to take.

How Brightwood Law Group, PC Fights FMLA and CFRA Retaliation

At Brightwood Law Group, PC, we are deeply committed to upholding the rights of employees to take necessary family and medical leave without fear of reprisal. We provide dedicated legal representation by:

Conducting a Thorough Case Evaluation: We will carefully review the facts of your leave and your employer’s subsequent actions to determine if unlawful retaliation occurred.
Advising You on Your Rights: We explain your protections under FMLA, CFRA, and other relevant California and federal laws.
Holding Employers Accountable: We take strong action against employers who violate these critical employee protection laws.
Negotiating Settlements: We will work to achieve a fair settlement that compensates you for the damages suffered due to retaliation.
Filing Administrative Complaints and Litigating Your Case: If necessary, we will file complaints with appropriate agencies (like the U.S. Department of Labor for FMLA or the California Department of Civil Rights (CRD) (formerly DFEH) for CFRA-related claims) and are prepared to vigorously litigate your case in court.
Seeking Full Remedies: We fight for all available remedies for our clients, which may include reinstatement, lost wages and benefits (back pay and front pay), liquidated damages (available under FMLA), compensation for emotional distress, and attorneys’ fees and costs.

Retaliation for taking protected leave is illegal. Learn more on our general Retaliation Overview Page.

If retaliation for FMLA/CFRA leave results in job loss, it may be a form of Wrongful Termination.

For more details on these leave laws, visit our pages on Medical Leave Rights, FMLA, and CFRA.

If You Have Experienced Retaliation for Taking Protected Medical Leave, We Can Help.

If you believe you have been retaliated against or terminated for taking protected medical leave such as under CFRA or FMLA, we can help. Contact Brightwood Law Group, PC, today for a free and confidential consultation to discuss your situation. Our experienced employment attorneys are here to protect your legal rights and fight for the justice and compensation you deserve. Call us at (310) 895-9075 or fill out our online contact form.